ADMINISTRATIVE CODE

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1251 GENETIC COUNSELOR LICENSING ACT

Section 1251.10 Definitions

Section 1251.20 Qualifications for Licensure

Section 1251.25 Visiting Genetic Counselors

Section 1251.30 Examination

Section 1251.40 Temporary License

Section 1251.50 Endorsement

Section 1251.60 Renewals

Section 1251.70 Fees

Section 1251.80 Restoration

Section 1251.90 Inactive Status

Section 1251.100 Continuing Education

Section 1251.110 Granting Variances

Section 1251.120 Unprofessional Conduct

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1251 GENETIC COUNSELOR LICENSING ACT
SECTION 1251.10 DEFINITIONS

Section 1251.10 Definitions

"Act" means the Genetic Counselor Licensing Act [225 ILCS 135].

"Department" means the Department of Financial and Professional Regulation.

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

"Qualified Supervisor" means a physician licensed to practice medicine in all its branches or a licensed genetic counselor.

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

Section 1251.20 Qualifications for Licensure

An applicant for licensure as a genetic counselor shall file an application on forms provided by the Division that shall include:

a) One of the following:

1) Verification that the applicant has successfully completed a Master's degree in genetic counseling from an American Board of Genetic Counseling (ABGC) or an American Board of Medical Genetics and Genomics (ABMGG) accredited training program or an equivalent program approved by the ABGC or the ABMG;

2) Verification that the applicant is a physician licensed to practice medicine in all of its branches; or

3) Verification that the applicant has successfully completed a doctoral degree and an ABMGG accredited medical genetics training program or an equivalent program approved by the ABMGG;

b) Proof of passage of an examination provided by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics;

c) Current certification from the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics;

d) The required fee set forth in Section 1251.70; and

e) In lieu of providing an actual diploma as required under subsection (a)(1), the applicant may submit an official transcript and a letter of completion from the approved graduate program signed by the graduate program director.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.25 Visiting Genetic Counselors

Pursuant to Section 15(j) of the Act, visiting ABGC or ABMGG certified genetic counselors from outside the state may practice genetic counseling as a consultant in Illinois for a total of 30 days each year. If this practice of genetic counseling will extend beyond 30 days per year, the individual must obtain licensure in Illinois under the Act and this Part. Visiting genetic counselors must be licensed in the state where the individual resides or primarily practices, if licensure is available in that state, and be currently certified by ABGC or ABMGG as a genetic counselor.

(Source: Added at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.30 Examination

a) The examination for licensed genetic counselors shall be the certification examination given by the American Board of Genetic Counseling (ABGC) or the American Board of Medical Genetics and Genomics (ABMGG).

b) The passing score on the examination shall be the passing score of the testing entity.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.40 Temporary License

a) An applicant for a temporary license shall file an application on forms supplied by the Division, together with:

1) One of the following:

A) Verification that the applicant has successfully completed a Master's degree in genetic counseling from an American Board of Genetic Counseling (ABGC) or an American Board of Medical Genetics and Genomics (ABMGG) accredited training program or an equivalent program approved by the ABGC or the ABMGG;

B) Verification that the applicant is a physician licensed to practice medicine in all of its branches; or

C) Verification that the applicant has successfully completed a doctoral degree and an ABMGG accredited medical genetics training program or an equivalent program approved by the ABMGG;

2) Verification of admission to the certifying examination administered by the ABGC or ABMGG; and

3) The required fee set forth in Section 1251.70.

b) The holder of a temporary license shall practice only under the supervision of a qualified supervisor. (Section 60 of the Act)

c) A temporary license shall expire 24 months from the date of issuance. A temporary license may only be renewed if the certifying examination administered by ABGC or ABMGG is not given during that 24 month period. A temporary license shall automatically expire upon issuance of the Illinois license or upon notification that the applicant failed the exam two times. After the first exam failure, the holder of a temporary license shall be required to be supervised by a licensed genetic counselor with at least five years of experience or a physician licensed to practice medicine in all its branches with at least five years of experience in practicing genetic counseling, and to take the next available examination.

d) In the event the individual fails to take the next available examination or fails to successfully complete the next available examination for licensure set forth in Section 1251.30 of this Part after the first exam failure, the temporary license shall be void and the individual must cease practicing; failure to do so shall be considered unlicensed practice and will subject the individual to discipline in accordance with Section 25 of the Act.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.50 Endorsement

a) An applicant for licensure as a genetic counselor who is licensed under the laws of another state shall file an application with the Division that shall include:

1) Documentation certifying that the applicant meets the education requirements set forth in Section 1251.20;

2) Certification from the state or territory of original licensure and the state in which the applicant is currently licensed and practicing, if other than the original, stating the time the applicant was licensed in that state, whether the file on the applicant contains a record of any disciplinary actions taken or pending, and the applicant's license number;

3) Current certification from the ABGC or the ABMGG; and

4) The required fee set forth in Section 1251.70.

b) The Division shall examine each endorsement application to determine whether the requirements and examination in the jurisdiction at the date of licensing were substantially equivalent to the requirements and examination then in force in this State and whether the applicant has otherwise complied with the Act and this Part.

c) The Division shall either issue a license by endorsement to the applicant or notify the applicant in writing of the reasons for the denial of the application.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.60 Renewals

a) The first renewal date for licensure under the Act shall be January 31, 2011. Thereafter, every license issued under the Act shall expire on January 31 of odd numbered years. The holder of the license may renew the license during the month preceding the expiration date by paying the required fee and submitting an attestation of completion of 30 hours of continuing education in accordance with Section 1251.100 and proof of current certification from the ABGC or the ABMGG.

b) It is the responsibility of each license holder to notify the Division of any change of address or email address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

c) Practice on an expired license shall be considered the unlicensed practice of genetic counseling and will subject the individual to discipline or other penalties set forth in Section 95 of the Act.

d) Upon request of the Division, a license holder seeking renewal shall provide proof of the required continuing education hours as required in this Section. The Division may require a random sample of genetic counselors to submit documentation that the number of hours of continuing education required has been completed.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.70 Fees

The following fees shall be paid to the Division and are not refundable:

a) Application Fees

1) The fee for application for a license as a genetic counselor is $150.

2) The fee for a temporary license is $50.

b) Renewal Fees

The fee for the renewal of a license shall be calculated at the rate of $75 per year.

c) General Fees

1) The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees, not to exceed $470.

2) No fee is required for name and address changes on Division records.

3) The fee for a certification of a licensee's record for any purpose is $20.

4) The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fees charged by the applicable testing service.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.80 Restoration

a) A person seeking restoration of a license that has expired for five years or less shall have the license restored upon payment of all lapsed renewal fees and providing proof of fitness which shall consist of an attestation of 30 hours of continuing education and proof of current certification from ABGC or ABMGG as a genetic counselor.

b) A person seeking restoration of a license that has been placed on inactive status for five years or less shall have the license restored upon payment of the current renewal fee and proof of fitness, which shall consist of an attestation of 30 hours of continuing education and proof of current certification from ABGC or ABMGG as a genetic counselor.

c) A person seeking restoration of a license after it has expired or been placed on inactive status for more than five years shall file an application, on forms supplied by the Division, the required fee, proof of current certification from ABGC or ABMGG as a genetic counselor, and an attestation of 30 hours of continuing education completed within the 24 months preceding the date of application. The person shall also submit one of the following:

1) Sworn evidence of active practice in another jurisdiction. The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the registrant was authorized to practice during the term of active practice; or

2) An affidavit attesting to military service as provided in Section 65 of the Act; or

3) Proof of passage of the certification examination within the 24 months prior to applying for restoration.

d) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of a lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant may be required to complete a specific period of evaluated genetic counseling work experience under the supervision of a qualified supervisor and may be required to demonstrate completion of continuing education requirements.

e) A person seeking restoration of a license that is in disciplinary status shall;

1) file a petition for restoration from a disciplinary status on forms provided by the Department;

2) prove that they have been rehabilitated and that their license should be restored through the Department's administrative process;

3) make payment of the restoration fee;

4) provide an attestation of 30 hours of continuing education; and

5) provide proof of current certification from ABGC or ABMGG as a genetic counselor.

f) Upon the recommendation of the Director, an applicant shall have the license restored or will be notified in writing of the reason for the denial of the application.

g) Upon request of the Division, an applicant seeking restoration shall provide proof of the continuing education hours required in this Section.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.90 Inactive Status

a) Licensed genetic counselors who notify the Division, on forms provided by the Division, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Division in writing of the intention to resume active practice.

b) Any licensed genetic counselor seeking restoration from inactive status shall do so in accordance with Section 1251.80 of this Part.

c) Any licensed genetic counselor whose license is on inactive status shall not use the title "licensed genetic counselor" in the State of Illinois. Any person violating this subsection shall be considered to be practicing without a license and shall be subject to the disciplinary provisions set forth in Section 95 of the Act.

Section 1251.100 Continuing Education

a) Continuing Education Hour Requirements

1) Every renewal applicant shall complete 30 contact hours of continuing education (CE) relevant to the practice of genetic counseling during the pre-renewal period. A pre-renewal period is the 24 months preceding January 31 of each odd-numbered year.

2) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

3) Genetic counselors licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

b) Approved Continuing Education

1) All continuing education hours must be earned by verified attendance at, or participation in, a program that is offered by an approved continuing education sponsor who meets the requirements set forth in subsection (c) of this Section. Verified attendance can include participation in programs offered online by approved CE sponsors.

2) Continuing education credit hours used to satisfy the CE requirements of another state may be submitted for approval for fulfillment of CE requirements of the State of Illinois.

3) Credit shall not be given for courses taken in Illinois from unapproved sponsors.

c) Approved continuing education sponsors and programs, as used in this Section, shall mean:

1) The American Counseling Association;

2) The American Board of Genetic Counselors;

3) The American Board of Medical Genetics and Genomics;

4) The National Society of Genetic Counselors (NSGC); or

5) Any other entity approved by the Division.

d) Continuing education requirements for Sexual Harassment Prevention and Implicit Bias Awareness Trainings: for all license renewals after the first renewal and restorations occurring on or after January 1, 2025; a genetic counselor shall be required to complete mandatory trainings of at least one-hour regarding Sexual harassment Prevention, as provided in the Illinois Human Rights Act [775 ILCS 5/2-109] and 68 Ill. Adm. Code 1130.400; and of at least one-hour regarding Implicit Bias Awareness, as provided in the Department of Professional Regulation Law [20 ILCS 2105/2105-15.7] and 68 Ill. Adm. Code 1130.500. These trainings must be repeated for each renewal period after the first renewal and count towards the total CE required for renewals and restorations.

(Source: Amended at 49 Ill. Reg. 8307, effective June 5, 2025)

Section 1251.110 Granting Variances

The Director may grant variances from this Part in individual cases when he or she finds that:

a) The provision from which the variance is granted is not statutorily mandated;

b) No party will be injured by the granting of the variance; and

c) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

Section 1251.120 Unprofessional Conduct

The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of unethical, dishonorable, or unprofessional conduct within the meaning of Section 95, of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

a) Practicing, condoning, facilitating, collaborating with or engaging in discrimination against prospective or current clients, students, employees, supervisees, or research participants based on age, culture, disability, ethnicity, race, religion, sex, gender identity, sexual orientation, marital status/partnership, language preference, socioeconomic status, immigration status, or any basis proscribed by law;

b) Being convicted of any crime an essential element of which is larceny, embezzlement, obtaining money, property or credit by false pretenses or by means of a confidence game, dishonesty, fraud, misstatement or moral turpitude (e.g., unauthorized disclosure of patient information; improper alteration of a patient record; inappropriate or unlawful use of drugs or alcohol; assault, battery, or abuse of a patient; sexual contact with a patient; gross or repeated malpractice or negligence; improper professional financial dealings);

c) Performing, or pretending to be able to perform, professional services beyond one's scope of practice and one's competency as defined by education, training, supervised experience, State and national professional credentials, and appropriate professional experience;

d) Procuring, attempting to procure or renewing a license by bribery or by fraudulent misrepresentation;

e) Aiding or assisting another person in violating any provision of the Genetic Counselor Licensing Act or this Part;

f) Misrepresenting educational background, training, credentials, competence, or staff memberships;

g) Exploiting a client for personal advantage, profit, or interest, including engaging in the sexual exploitation of clients;

h) Refer clients to an alternate genetic counselor or other qualified professional when situations arise in which a genetic counselor's personal values, attitudes and beliefs may impede his or her ability to counsel a client;

i) Failing to maintain the confidentiality of any information received from a client, unless otherwise authorized or required by law;

j) Advertising in a matter that is deceptive, misleading, or false. Genetic counselors may only claim or imply professional credentials possessed and are responsible for correcting any misrepresentations of their credentials by others. Professional credentials include highest relevant degrees, accreditation of graduate programs, national voluntary certifications, government-issued certifications or licenses, professional membership, or any other credential that might indicate to the public specialized knowledge or expertise in genetic counseling;

k) Submitting fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third party payors;

l) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug which results in inability to practice with reasonable skill, judgment, or safety;

m) Receiving discipline by another governmental agency or unit of government, by any jurisdiction of the United States, or by a foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in the Act or this Section; and

n) Committing any other conduct that is violative of the "National Society of Genetic Counselors Code of Ethics" (2017) published by the National Society of Genetic Counselors, Inc., 330 North Wabash Avenue, Suite 2000, Chicago IL 60611 (no later amendments or editions).

(Source: Added at 49 Ill. Reg. 8307, effective June 5, 2025)